cure one of the certified copies thereof in time to be produced before such board at its next meeting. At such first meeting, or as soon as an original statement of the result of the canvass of the votes cast at such election in every election district of the county shall be produced before such board, or a copy thereof, in case the original can not be produced, the board shall, from such original statements and certified copies, proceed to canvass the votes cast in such county at such election.

§ 23. Section one hundred and thirty-five of said act is hereby amended so as to read as follows:

STATEMENTS OF CANVASS BY COUNTY BOARDS.

§ 135. Upon the completion by a county board of canvassers, of the canvass of votes of which original statements of canvass, or certified copies thereof, are by law required to be delivered to them, by the boards of officers with whom the same may have been filed by the inspectors of election, they shall make separate statements thereof as follows:

1. One statement of all such votes cast for each office of elector of president and vice-president of the United States.

2. One statement of all such votes cast for each state office.

3. One statement of all such votes cast for each office of representative in congress, except that the board of canvassers in the county of New York shall not make a statement of the votes cast in any election district in said county, for any candidate for the office of assemblyman, senator or representative in congress, the candidates for which were also voted for by electors in election districts in any county not within The City of New York.

4. One statement as to all such votes cast upon every proposed constitutional amendment or other proposition or question duly submitted to all the electors of the state.

5. One statement as to all the votes cast for all and each of the candidates for each office of member of assembly for which the electors of such county or any portion thereof, except as provided in the paragraph numbered three in this section, were entitled to vote at such election.

6. One statement as to all the votes cast for each county office, and office of school commissioner, for which the electors of such county, or any portion thereof, were entitled to vote at such election, and to be canvassed by them.

7. One statement as to all the votes, if any, so cast upon any prop

osition or question upon which only the electors of such county were entitled to vote at such election.

8. In the counties wholly or partly within The City of New York, the respective county boards shall make a separate statement as to the votes, if any, so cast upon any proposition or question upon which only the electors of such city were entitled to vote at such election in such county or portion thereof. Each such statement shall set forth, in words written out at length, all such votes cast for all the candidates for each such office; and if any such office was to be filled at such election by the electors of a portion only of such county all the votes cast for all the candidates for each office in any such portion of the county, designating by its proper district number or other appropriate designation, the names of each such candidate and the number of votes so cast for each, the whole number of votes so cast upon any proposed constitutional amendment or other proposition or question, and of all the votes so cast in favor of and against the same respectively. In the counties wholly or partly within The City of New York the respective county boards shall make a separate statement of the votes cast for all the city offices voted for by the electors of such city or any portion thereof, within such counties. If, upon such canvass, in any original statement of duly certified copy of an original statement of the result of the canvass of the votes of any election district in such county or city, there shall be included any ballot indorsed by the inspectors to the effect that it was objected to as marked for identification, the county and city boards of canvassers shall add to each statement in which the counting of any such ballot or any portion thereof is included, a statement of the whole number of ballots so indorsed and counted. If, upon such canvass, in any original statement or duly certified copy of an original statement of the result of the canvass of the votes of any election district there shall be included any ballot indorsed by the inspectors to the effect that it was rejected as void, the county and city boards of canvassers shall add to each statement, a statement of the whole number of ballots so indorsed. The statements required by this section shall each be certified as correct over the signatures of the members of the board, or a majority of them, and shall be filed and recorded in the office of the county clerk of such county. When the whole canvass shall be completed, the original statements of canvass and certified copies used thereat shall be filed in the office of the secretary of the board. The certified copies of such original state

ment of canvass not used at the canvass and the sealed packages of void and protested ballots shall be retained in the office in which or by the officer with whom they were filed. The sealed packages of void and protested ballots shall be retained inviolate in the office in which they are filed subject to the order and examination of a court of competent jurisdiction and may be destroyed at the end of six months from the time of the completion of such canvass, unless otherwise ordered by a court of competent jurisdiction.

§ 24. Section one hundred and thirty-six of said act is hereby amended so as to read as follows:

DECISIONS OF COUNTY BOARD AS TO PERSONS ELECTED.

§ 136. Upon the completion of the statements required by section one hundred and thirty-five of this act the board of canvassers for each county shall determine what person has by the greatest number of votes been so elected to each office of member of assembly to be filled by the electors of each county for which they are county canvassers if constituting one assembly district, or in each assembly district therein, if there be more than one, and each person elected by the greatest number of votes to each county office of such county to be filled at such election, and if there be more than one school commissioner district in such county, each person elected by the greatest number of votes to the office of school commissioner to be filled at such election in each such district. The county clerk of the county of Hamilton shall forthwith transmit to the county clerk of the county of Fulton, a certified copy of the statement so filed and record it in his office, of the county board of canvassers of Hamilton county, as to all the votes so cast in Hamilton county for all the candidates and for each of the candidates for the office of member of assembly of the assembly district composed of Fulton and Hamilton counties; and the county clerk of Fulton county shall forthwith deliver the same to the Fulton county board of canvassers, who shall from such certified copy, and from their own statement as to the votes so cast for such office in Fulton county, determine what person was at such election, elected by the greatest number of votes to such office. Such board of each county shall determine whether any proposition or question submitted to the electors of such county only, has by the greatest number of votes been adopted or rejected. All such determinations shall be reduced to writing, and signed by the members of such board, or a majority of them, and filed and recorded in the office of

the county clerk of such county, who shall cause a copy thereof, and of the statements filed and recorded in his office, upon which such determination was based, to be published in accordance with the provisions of sections twenty-one and twenty-two of the county law. The clerk of each county shall prepare as many certified copies of each certificate of the determination of the county board of canvassers of such county as there are persons declared elected in such certificate, and shall, without delay, transmit such copies to the persons therein declared to be elected, respectively.

§ 25. Section one hundred and thirty-seven of said act is hereby amended so as to read as follows:

TRANSMISSION OF STATEMENTS OF COUNTY BOARDS TO SECRETARY OF STATE AND MUNICIPAL ASSEMBLY.

§ 137. Upon the filing in the office of the county clerk of a statement of the county board of canvassers as to the votes cast for candidates for the offices of electors of president and vice-president, or as to the votes cast for candidates for state officers, except member of assembly and for representatives in congress, or as to the vote cast on any proposed constitutional amendment or other proposition or question submitted to all the electors of the state, such county clerk shall forthwith make three certified copies of each such statement, and, within five days after the filing thereof in his office, transmit by mail one of such copies to the secretary of state, one to the governor and one to the comptroller of the state. The governor and comptroller shall forthwith upon the receipt thereof by them deliver such certified copies to the secretary of state. If any certified copy shall not be received by the secretary of state on or before the last day of November next after a general election, or within twenty days after a special election, he shall dispatch a special messenger to obtain such certified copy from the county clerk required to transmit the same, and such county clerk shall immediately upon demand of such messenger at his office make and deliver such a certified copy to such messenger who shall, as soon as practicable, deliver it to the secretary of state. The county clerk of each county shall transmit to the secretary of state, within twenty days after a general election, and within ten days after a special election, a list of the name and residence of each person determined by the board of county canvassers of such county to be elected member of assembly, school commissioner, and to any county office; and on or before the fifteenth day of December in each year a certified copy of the

official canvass of the votes cast in each such county by election districts at the last preceding general election. The secretary of state shall obtain from the governor and comptroller such certified copies so transmitted to them and file the same in his office. Upon the filing in the office of the county clerk of a county wholly or partly within The City of New York of a statement of the county board of canvassers as to the votes cast for candidates for a city office within such city such county clerk shall forthwith make a certified copy of each such statement and, within five days after the filing thereof in his office, deliver in a sealed envelope such certified copy to the clerk of the municipal assembly of The City of New York at his office in the borough of Manhattan; on or before the fifteenth day of December in any year in which there shall have been an election for a city office for which votes were cast in such county wholly or partly within The City of New York the county clerk thereof shall file with the city clerk of such city a certified copy of the official canvass of the votes cast in such county or portion thereof by election districts for such city office and such canvass by election districts shall, as soon as possible thereafter, be published in the City Record.

§ 26. The said act is hereby amended by adding thereto the following section after section one hundred and thirty-seven of said act.

ORGANIZATION AND DUTIES OF BOARD OF CANVASSERS OF THE CITY OF NEW YORK.

§ 138. The municipal assembly of The City of New York shall be the board of canvassers of The City of New York of the statements of the county board of canvassers of the counties wholly or partly within such city of the votes cast in such city or any portion thereof for a city office or upon any proposition or question upon which only electors of such city were entitled to vote. The members of the municipal assembly shall meet at the usual place for holding their regular meeting of such body on the first Monday in December succeeding a general election for a city. office within such city and within thirty days after such special election and shall organize by selecting one of the members as chairman. The clerk of the municipal assembly shall be the secretary of such board or if he be absent or unable to serve his chief deputy shall be the secretary of such board. The secretary shall thereupon administer to the chairman the constitutional oath of office and the chairman shall administer such oath to the members of such board and the secretary thereof. As soon as such beard